Patna High Court
Suresh Kumar Gupta @ Suresh Prasad GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the recovery of illicit liquor was not made from the petitioner's conscious physical possession, and therefore granted anticipatory bail.
Summary
The petitioner, Suresh Kumar Gupta, was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with a seizure of 1,235 litres of IMFL/country‑made liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. He contended that he was implicated only because he owned the truck used to transport the liquor and that he had no conscious possession or knowledge of the contraband. The Additional Public Prosecutor opposed the grant of anticipatory bail. The Court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's conscious physical possession. Considering his clean antecedent and the lack of direct involvement, the Court directed that he be released on anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. A bail bond of Rs 10,000 with two sureties of the same amount was ordered.
Issues considered
- Whether the petitioner had conscious physical possession of the seized illicit liquor.
- Whether anticipatory bail under Section 438 of the CrPC is appropriate in the present facts.
- Whether ownership of the vehicle used for transport suffices to implicate the petitioner under the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- Criminal Procedure Code (CrPC) — s. 438(2)
Subjects
- illegal liquor
- anticipatory bail
- possession
- Bihar Prohibition and Excise Act
- CrPC Section 438
- vehicle ownership liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36832 of 2026
Arising Out of PS. Case No.-91 Year-2026 Thana- PIPRAKOTHI District- East Champaran
======================================================
Suresh Kumar Gupta @ Suresh Prasad Gupta, S/o Bhagwat Sah @ Bagwat
Saw @ Bhajwat Prasad Singh, R/o Village - Agarwar, P.S. - Motihari, Dist. -
East Champaran (Motihari). At present - Domcach Near LIC Building
Koderma, P.S. - Domcach, Dist. - Koderma (Jharkhand).
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Piprakothi P.S.
Case No.91 of 2026 registered under Section 30(a) of the
Bihar Prohibition and Excise Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 1235 liters of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
petitioner that the petitioner has been implicated with
present recovery of illicit liquor only for the reason that he is
Patna High Court CR. MISC. No.36832 of 2026(2) dt.17-06-2026
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owner of the truck, which alleged to be involved in carrying
consignment of illicit liquor. It is submitted that nothing
transpired during investigation, which may suggest that
petitioner was under knowledge and moreover recovery was
not made from conscious physical possession of this
petitioner. The petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking of note of fact as recovery of illicit liquor prima facie
not appears to be made from conscious physical possession
of this petitioner, where implication of this petitioner appears
being owner of the vehicle alleged to be involved in carrying
consignment of illicit liquor, accordingly, the petitioner,
above-named, who is a man of clean antecedent, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to be released
on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court of Exclusive Special Excise
Patna High Court CR. MISC. No.36832 of 2026(2) dt.17-06-2026
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Judge-I, East Champaran (Motihari)/concerned Court in
connection with Piprakothi P.S. Case No.91 of 2026, subject
to the conditions as laid down under Section 438(2) of the
CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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